Article provided by: Positive Solutions Divorce Services®
Separating from your spouse is a difficult journey, but it might be needed before your divorce process can be concluded. In Toronto, spouses can live separately and apart before seeking a legal divorce. At Positive Solutions Divorce Services, we are separation agreement specialists in Toronto and can help departing spouses draft or review agreements. You can count on our legal team for honest feedback and communication throughout the process.
What Is A Separation Agreement?
This is a written legal contract that governs the responsibilities and rights of spouses when they divorce. Couples address all family issues as if they were getting a divorce, but they still remain legally married. Each party must enter the agreement without duress or coercion. A separation agreement can be as precise or as detailed as you want. This agreement can be included in the final judgment of divorce. It can be customized to address your family’s needs. A separation agreement contract may cover include:
- Responsibility for debt
- Child custody and visitation
- Spousal support (alimony)
- The division of family assets and property
- Who will remain in the marital home?
- Which bills will each spouse pay?
- Which spouse will provide child support payments?
What Is The Difference Between Separation And Divorce?
Most times, people believe separation and divorce are the same, but they are different. Separation is not a divorce, but it can result in divorce. During separation, the spouses are still legally married and can choose to remain so even if they no longer live together or engage in a marital relationship.
Divorce differs from this as it’s concluded in the presence of a judge. Once the judge grants a divorce, the marriage is dissolved, and the couple cannot be considered a husband or wife.
Why Would I Need a Separation Agreement?
A separation agreement is best if you and your partner have not decided on a divorce. Moreover, a separation agreement is an excellent choice if you are still considering the future of your partnership. Also, a separation agreement is a reasonable solution if you cannot get a divorce based on some specific requirements. The procedure is flexible, as you and your partner can agree on fair conditions with enough privacy.
When Is A Separation Agreement Valid?
Immediately the agreement has the signatures of all parties involved. Everything written in the separation agreement has to be fair to all parties involved. Signatures should not be obtained under pressure or duress. The agreement must not appear one-sided, and there must be an agreeable balance between both spouses since assets differ.
Need Separation Agreement Specialist Toronto? Contact Our Office Today
The separation process can be frustrating without the proper legal guidance. At Positive Solutions Divorce Services, our legal team can help you through this process. While separation from your spouse can be painful, we can help you prepare a contract that will protect your rights and future. Put your separation in good hands by calling our toll-free line at (888) 779 – 8777 for a confidential consultation.